This document is an excerpt from the EUR-Lex website
Document 62013CO0290
Rütgers Germany and Others v ECHA
Rütgers Germany and Others v ECHA
Order of the Court (Eighth Chamber) of 4 September 2014 –
Rütgers Germany and Others v ECHA
(Case C‑290/13 P) ( 1 )
‛Appeals — Article 181 of the Rules of Procedure of the Court — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 59 and Annex XIII — Identification of anthracene oil (anthracene paste) as a substance of very high concern to be made subject to the authorisation procedure — Equal treatment’
1. |
Approximation of laws — Registration, evaluation and authorisation of chemicals — REACH Regulation — Substances of very high concern — Identification procedure — Discretion of the EU authorities — Scope — Judicial review — Limits — No infringement of the principle of equal treatment by the European Chemicals Agency (ECHA) (European Parliament and Council Regulation No 1907/2006, Arts 57 and 59) (see paras 25, 26, 61) |
2. |
Approximation of laws — Registration, evaluation and authorisation of chemicals — REACH Regulation — Substances of very high concern — Identification procedure — Substances with persistent, bioaccumulative and toxic properties or very persistent and very bioaccumulative properties — Classification on the basis of the properties of the constituents — Lawfulness — Application of a concentration threshold for the purposes of classification — Lawfulness (European Parliament and Council Regulation No 1907/2006, Arts 14(2)(f), 31(3)(b), 56(6) and 57(d) and (e), and Annex XIII) (see paras 42, 43) |
3. |
Approximation of laws — Registration, evaluation and authorisation of chemicals — REACH Regulation — Substances of very high concern — Identification procedure — Substances with persistent, bioaccumulative and toxic properties or very persistent and very bioaccumulative properties — Classification on the basis of the properties of the constituents — No obligation to carry out a separate procedure with regard to the constituents (European Parliament and Council Regulation No 1907/2006, Arts 57(d) and (e) and 59 and Annex XIII) (see para. 49) |
Operative part
The Court:
1. |
Dismisses the appeal; |
2. |
Orders Rütgers Germany GmbH, Rütgers Belgium NV, Deza a.s., Koppers Denmark A/S and Koppers UK Ltd to pay the costs. |
( 1 ) OJ C 252, 31.8.2013.